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In re Standard Jury Instructions In Civil Cases - Report No. 19-02

Supreme Court of Florida

December 5, 2019

IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT NO. 19-02.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

          Original Proceeding - Supreme Court Committee on Standard Jury Instructions in Civil Cases

          Laura K. Whitmore, Chair, Tampa, Florida, and Jeffrey Alan Cohen, Vice Chair and Subcommittee Chair, Supreme Court Committee on Standard Jury Instructions in Civil Cases, Miami, Florida; and Joshua E. Doyle, Executive Director, and Heather Savage Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner

          PER CURIAM.

         The Supreme Court Committee on Standard Jury Instructions in Civil Cases (Committee) has submitted a report proposing amendments to instruction 401.20 (Issues on Plaintiff's Claim - Premises Liability). We have jurisdiction. See art. V, § 2(a), Fla. Const.

         The Committee proposes deleting existing Note on Use 2 for instruction 401.20a in its entirety, and replacing it with the following: "For transitory foreign substances in a business establishment, see F.S. 768.0755 and cases interpreting it." No amendments were proposed by the Committee to instruction 401.20a itself. The Committee explains that its proposal stems from the repeal of section 768.0710, Florida Statutes, which previously governed claims for premises liability for transitory substances in business establishments, and the 2010 enactment of section 768.0755, Florida Statutes, which now governs such claims.

         Prior to filing its report with the Court, the Committee published its proposal for comment. No comments were received by the Committee. After the Committee filed its report, the Court republished the Committee's proposal for comment. No comments were received.

         Having considered the Committee's report, we hereby authorize the amendment to Note on Use 2 for instruction 401.20a as proposed by the Committee for publication and use. In authorizing the publication and use of this amendment, we express no opinion on its correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instruction. We further caution all interested parties that any comments associated with the amendment reflect only the opinion of the Committee and are not necessarily indicative of the views of this Court as to its correctness or applicability. New language is indicated by underlining and deleted language is indicated by struck-through type. The amended instruction as set forth in the appendix shall be effective when this opinion becomes final.

         It is so ordered.

          CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, and MUÑIZ, JJ., concur.

         Appendix

         401.20 ISSUES ON PLAINTIFF'S CLAIM - PREMISES LIABILITY The [next] issues on (claimant's) claim, for you to decide are:

         a. Landowner or possessor's negligence (toward invitee and invited licensee):

whether (defendant) [negligently failed to maintain the premises in a reasonably safe condition], [or] [negligently failed to correct a dangerous condition about which (defendant) either knew or should have known, by the use of reasonable care, ] [or] *[negligently failed to warn (claimant) of a dangerous condition about which (defendant) had, or should have had, knowledge greater than that of (claimant)]; and, if so, whether such negligence was a legal ...

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